Restraining Orders

For the purposes of getting a civil sexual offense protection order, a sexual offense is a sexual act that happened without your consent (nonconsensual). This includes:

• sexual contact; or
• sexual penetration.¹

Without consent means you did not freely and willingly agree to that specific sexual act at the time it happened.

Sexual contact is when a person intentionally does any of the following for their own sexual arousal or gratification:

• touches your intimate body parts, such as genitals, breasts, or anus;
• touches clothing covering those body parts; or
• exposes your genitals, anus, or breasts.

Sexual penetration includes:

• any type of sexual intercourse; or
• any insertion, even slight, of a body part or an object into the vagina or anus.

It does not matter whether ejaculation occurred.²

¹ 7 Guam Code § 40A103
² 7 Guam Code § 40A101

There are two types of sexual offense protection orders: temporary and permanent. These are the protections you can receive through each one.

A temporary order of protection can order the abuser to turn in all firearms and dangerous weapons, including guns, ammunition, and any permits to buy or carry firearms. The judge can order this if you request it and the judge finds that the abuser:

• used or threatened to use a weapon;
• has a history of violence with a firearm;
• threatened to seriously harm or kill you or your child;
• threatened to kill themselves; or
• seriously injured you or your child.¹

In addition to this protection, a permanent order of protection can:

• order the abuser not to contact you in any way, including in person, by phone, text, email, social media, or through other people;
• order the abuser to stay away from places you go, such as your home, workplace, school, or your child’s school or daycare;
• require the abuser to stay a certain distance away from you or specific locations; and
• include any other protections the judge believes are necessary to keep you safe.²

¹ 7 Guam Code § 40A107(b)
² 7 Guam Code § 40A106(b),(d)

When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against them.

There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:

1. The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
2. One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state, but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when they abused you, but they have since left the state.
3. If you file your petition and the abuser gets served with the court petition while in your state.

However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent, or the judge may find other circumstances that allow the order to be granted.

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.